FAC

A&A: How Do We Make a Community Service District Board Comply with the Brown Act?

Q: Community Service District (CSD) Board members have been in violation of the Brown Act. I have requested multiple policies, procedures and manuals from the CSD by email and verbally, and have received none. Our board members closed the Volunteer Fire Department and changed the locks without consulting our Fire Chief. No meetings dates, no agendas, nor anything about the actions of the board except for Fire Department issues are posted on the CSD website.

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A&A: Are Protesters Vulnerable to Arrest Under COVID-19 Ordinance Banning Public Gatherings?

Q: My county passed a COVID-19 public ordinance stating that citizens are prohibited from participating in public gatherings and can be fined or arrested for doing such. With the protests happening across the city, I can see this being an issue that could lead to many protester arrests that would have otherwise been peaceful. I have emailed the director of County Health Services and the Chief Administrative Officer who signed off on this ordinance to

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A&A: Can Home Owners’ Association Prohibit Political Signage?

Q: I live in a large community governed by a Home Owners’ Association (HOA). It recently passed a regulation that restricts political signs to 6 days prior to an election and 15 days after. This violates the recent Supreme Court ruling in Reed vs Gilbert, but it is unclear if this applies to an HOA. I’d like to resist this regulation if there are reasonable grounds. A: HOAs may generally restrict certain forms of expression

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A&A: Is It Legal to Exclude the Public From a Regularly Scheduled Public Meeting?

Q: We were prevented from entering the County Board of Supervisors Meeting in California where they were deciding whether to open up the county after the coronavirus shutdown. One man was detained for attempting to enter the building. Is it legal for the board of Supervisors to prevent the general public from attending a regularly scheduled board meeting? A: As a general matter, the public must be permitted to attend any meeting governed by the

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FAC Urges California Supreme Court to Require Transparency in Clemency Proceedings

The First Amendment Coalition today asked the California Supreme Court to require more transparency in an important area of the criminal justice system: the justices’ oversight of executive clemency.  In California, the governor must seek approval from the state Supreme Court to pardon or commute the sentences of one category of applicants, those twice convicted of felonies. But that process is often shrouded in secrecy, with the governor’s office routinely filing clemency-related court records under

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